HIPAA violation or not..? - page 4

There is a huge ordeal in my clinical group. I have managed to stay out of it (thankfully I wasn't there when it happened and haven't been forced into getting involved), but was wondering what you... Read More

  1. by   salandry54
    DEFINITELY a violation!! But, she may be able to get around it if her step-mother will agree to sign a form stating the nursing student is a relation and had her permission to speak to outsiders about her condition. But, her nursing instructors will probably still look at her with disdain and judgment. She will probably be given a hard time for the rest of the semester.
  2. by   ktwlpn
    Quote from ginger58
    I may be thrown off this forum but in all honesty, some of your replies sound like she killed someone. Every place I've worked there are HIPPA violations going on all over the place involving staff talking about patients in non-confidential terms. There are far worse things being done every day.
    She made a mistake. She probably thought more about informing her friends for their sake and HIPPA was secondary. She can review HIPPA and get on with her career. If it keeps happening then she should be removed.
    Can you honestly say that if your best friend's mother was brought in to the hospital you wouldn't call your friend?
    Why shouldn't she get thrown out of the program? I have seen an experienced rn and a unit clerk both loose their jobs in asimilar situations. She showed very bad judgement very early in the program-I am sure this is being considered as just a harbinger of the fun to come if she continues.They probably think she'll likely kill someone in clinical through ignorance... As for your question-NO-I would not take it upon myself to call..and I would stay as far away from that room during the rest of my clinical day as I possibly could.Afterwards I would present myself to the patient if I was close to her ..If not I would introduce myself to any other family as a close friend of her daughter and ask if there was anything they needed? I would maybe ask if the friend was on her way? Just to try to find out if she knew-maybe they don't want her called.You never know what kind of dysfuction is going on in any family...They could have had a major falling out that you know NOTHING nothing about...Bottom line-keep you mouth shut and stay away from friends,relatives,friends OF relatives,etc during your clinical (and on the job too)
  3. by   peacefulpeach
    I am surprised that both the hospital and school took such quick action. I am in agreement with the action because I know how many forms I signed prior to entering any clinical unit or hospital. I believe it is better for the student to learn this lesson now prior to having control over a client's records as a nurse. The hospital can still have financial ramifications due to the student's behavior as set forth by the HIPPA regulations.

    The good news is that if the student is still apart of the program, perhaps the school has completed some more education on the issue of HIPPA and the student will learn that it is the staff's responsibility to protect records of any client.

    I recently had a hospital stay at my own place of employment and most of the nursing staff didn't seem concerned about protecting my medical history.

  4. by   dunkinut
    i absolutely believe that this is a hippa violation, in every sense of the word. she is lucky to still be in the program, i wonder what their reasoning for that was. if i were the patient or family of the patient i would make darn sure she was not going to work in that facility again!
  5. by   dunkinut
    I posted a reply earlier to this post and was reading a few other posts as well. I was harsh in my statement that she should be removed from the program. I still stick with that conviction. Someone posted and asked if I myself would not do the same thing.....absolutely NOT! And...should it matter if it is going on in other clinics or medical settings? Again absolutely NOT! The question was asked did she kill anybody, if not, not an issue. What she did kill was not a patient, but the security of the healthcare profession in a whole and she should not be a part of the community for that breech. I would guarantee that is someone did it to her or her family it would be an issue, because when the shoe is on the other foot we always feel differently.
  6. by   Marie_LPN, RN
    Originally Posted by ginger58
    I may be thrown off this forum but in all honesty, some of your replies sound like she killed someone. Every place I've worked there are HIPPA violations going on all over the place involving staff talking about patients in non-confidential terms.
    Doesn't mean it's ok to.

    Can you honestly say that if your best friend's mother was brought in to the hospital you wouldn't call your friend?
    Not unless Mom gave permission.
  7. by   Sunni1
    Definite HIPPA Violation and I'm sure this was covered in the first part of any program that would be going to a hospital for clinicals.
  8. by   RN BSN 2009
    wow.. i'm a nursing student and we've never signed anything for HIPPA. w e've talked about it a little bit, but nothing concrete or in detail
  9. by   pagandeva2000
    Quote from RNgrad2008
    There is a huge ordeal in my clinical group. I have managed to stay out of it (thankfully I wasn't there when it happened and haven't been forced into getting involved), but was wondering what you guys thought about this.

    The week before last in clinical, one of the students went to the nurses desk, called a friend, and told them that their step-mother was in the hospital with pneumonia and it looked pretty bad. The student did this in front of 2 students, a nurse (or more?), a doctor, and the unit secretary.

    She was turned in for violating HIPAA and was told by the hospital that she was not welcome back. Our clinical instructor told her to go home. She was later notified by the department that she had been dropped from the program.

    She appealed, of course, and continued to attend class.

    Her clinical review was last Thursday and this morning she was in class for our test... so I guess she is still in..

    what are your thoughts on this?
    It was clearly a HIPPA violation, however, because I was not in class with this student, I can't say how clearly the message was brought across what HIPPA really is. And, I am one for second chances. Maybe this student learned from her mistake and will not do it again.
  10. by   pagandeva2000
    Quote from peacefulpeach
    I am surprised that both the hospital and school took such quick action. I am in agreement with the action because I know how many forms I signed prior to entering any clinical unit or hospital. I believe it is better for the student to learn this lesson now prior to having control over a client's records as a nurse. The hospital can still have financial ramifications due to the student's behavior as set forth by the HIPPA regulations.

    The good news is that if the student is still apart of the program, perhaps the school has completed some more education on the issue of HIPPA and the student will learn that it is the staff's responsibility to protect records of any client.

    I recently had a hospital stay at my own place of employment and most of the nursing staff didn't seem concerned about protecting my medical history.

    I can see what you mean about being treated by your place of employment. I would not let anyone in my hospital touch me, because, now that I am a nurse, I am closer to the physicians, nurses and other members of the team than I was as a CNA, and they say horrible things about collagues when they know their personal business.

    I'd have given the student a chance, because I know where I attended, they were not really clear about much of anything. I happened to know about the HIPPA laws because I was already employed in a hospital; but there were some students that were not really very enlightened by the lectures of our professors. I do admit though that I would NOT have called anyone I knew casually to inform them of family members and friends that were admitted in the hospital.
  11. by   PreemieNurse
    Absolutely this is a HIPAA violation, and the instructor was correct in sending her home. I am a clinical instructor for an ADN program, and HIPAA is drilled into the students before they hit the nursing unit for the first time. HIPAA is a big deal, and if you doubt that, breach confidentiality at your place of employment and get caught. You will not have a job, or at the least, be suspended.

    If this student were at the school I teach at, she would be gone. Permanently.





    Quote from RNgrad2008
    There is a huge ordeal in my clinical group. I have managed to stay out of it (thankfully I wasn't there when it happened and haven't been forced into getting involved), but was wondering what you guys thought about this.

    The week before last in clinical, one of the students went to the nurses desk, called a friend, and told them that their step-mother was in the hospital with pneumonia and it looked pretty bad. The student did this in front of 2 students, a nurse (or more?), a doctor, and the unit secretary.

    She was turned in for violating HIPAA and was told by the hospital that she was not welcome back. Our clinical instructor told her to go home. She was later notified by the department that she had been dropped from the program.

    She appealed, of course, and continued to attend class.

    Her clinical review was last Thursday and this morning she was in class for our test... so I guess she is still in..

    what are your thoughts on this?
  12. by   SummerGarden
    Quote from wdwpixie
    the first nurse came back later and said, "Oh, since you had your mom in here, I figured she knew. Sorry." like she meant it about 5%.

    Too bad HIPAA wasn't in force then...and it's situations like that that probably helped enact a law that was needed for folks who don't have a lick of common sense....
    No, some people are just mean!!! That nurse though it was her place to humiliate your daughter because she probably thought your daughter was at fault. It was absolutely not her place to judge and sentence your daughter. Unfortunately HIPPA does not keep people like this from being rude or mean in the future, but it is nice that it keeps mouths shut!
  13. by   SummerGarden
    Quote from RNgrad2008
    And to use the phone at the nurses station.. I wouldn't dare touch that phone..
    I was blown away! I re-read the original post a second time because I thought I did not read this part correctly!

    I can imagine a student who is not used to working under HIPPA making the mistake of talking to a relative or friend or someone because that person might be emotional and so the student is eager to help. However, I cannot imagine that a student will actually pick up a phone that does not even belong to him/her to tell someone something that is against the law. That mistake took effort!

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